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Richard Hansen v. Timothy Schmidt, 07-1095 (2007)

Court: Court of Appeals for the Eighth Circuit Number: 07-1095 Visitors: 17
Filed: Oct. 23, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-1095 _ Richard Otto Hansen, * * Appellant, * * v. * Appeal from the United States * District Court for the Timothy Schmidt, In His Official * District of Nebraska. Capacity As The District Attorney Of * Nuckolls County, Nebraska; Terri * [UNPUBLISHED] Harder, In Her Official Capacity As * The District Judge Of Nuckolls * County, Nebraska, * * Appellees. * _ Submitted: October 2, 2007 Filed: October 23, 2007 _ Before WOLLMAN, COLLOTON
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                    United States Court of Appeals
                          FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 07-1095
                                  ___________

Richard Otto Hansen,                   *
                                       *
             Appellant,                *
                                       *
     v.                                * Appeal from the United States
                                       * District Court for the
Timothy Schmidt, In His Official       * District of Nebraska.
Capacity As The District Attorney Of *
Nuckolls County, Nebraska; Terri       * [UNPUBLISHED]
Harder, In Her Official Capacity As    *
The District Judge Of Nuckolls         *
County, Nebraska,                      *
                                       *
             Appellees.                *
                                  ___________

                            Submitted: October 2, 2007
                               Filed: October 23, 2007
                                ___________

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
                        ___________

PER CURIAM.

      Federal inmate Richard Otto Hansen appeals the district court’s1 preservice
dismissal, without prejudice, of his 42 U.S.C. § 1983 action under 28 U.S.C.
§§ 1915(e)(2)(B) and 1915A(b). Having carefully reviewed the record and Hansen’s

      1
      The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
submissions on appeal, see Moore v. Sims, 
200 F.3d 1170
, 1171 (8th Cir. 2000) (per
curiam) (standard of review under § 1915(e)(2)(B)); Cooper v. Schriro, 
189 F.3d 781
,
783 (8th Cir. 1999) (per curiam) (standard of review under § 1915A(b)), we affirm.

       We agree with the district court that both defendants are immune from a civil
suit for damages. See Mireles v. Waco, 
502 U.S. 9
, 11-12 (1991) (per curiam)
(judicial immunity); Brodnicki v. City of Omaha, 
75 F.3d 1261
, 1266 (8th Cir. 1996)
(prosecutorial immunity). We also agree with the district court that Hansen’s
complaint fails because Hansen seeks to vacate a state criminal conviction, and such
actions must be brought through a petition for a writ of habeas corpus rather than a
section 1983 complaint. See Preiser v. Rodriguez, 
411 U.S. 475
, 500 (1973) (federal
writ of habeas corpus is sole remedy for challenges to fact or duration of
confinement).


      The judgment of the district court is affirmed.
                       ______________________________




                                        -2-

Source:  CourtListener

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